Citation Nr: 21062393 Decision Date: 10/07/21 Archive Date: 10/07/21 DOCKET NO. 17-46 911 DATE: October 7, 2021 ORDER A compensable disability rating for hypertension is denied. FINDING OF FACT Throughout the appeal, the Veteran's hypertension has been manifested by a systolic pressure predominantly greater than 160 but less than 200 and a diastolic pressure predominantly less than 110. CONCLUSION OF LAW The criteria for a compensable disability rating for hypertension have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.104, Diagnostic Code (DC) 7101. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 2002 to October 2006. This matter comes before the Board of Veterans' Appeals (Board) from a May 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This case was previously before the Board in April 2019 at which time it was remanded for additional development. Legal Criteria Disability ratings are determined by the application of a schedule of ratings, which are based on the average impairment of earning capacity. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Separate diagnostic codes identify the various disabilities. The governing regulations provide that the higher of two evaluations will be assigned if the disability more closely approximates the criteria for that rating. Otherwise, the lower rating is assigned. 38 C.F.R. § 4.7. A request for an increased rating is to be reviewed in light of the entire relevant medical history. See generally 38 C.F.R. § 4.1; Payton v. Derwinski, 1 Vet. App. 282, 287 (1991). Hypertension is rated pursuant to 38 C.F.R. § 4.104, DC 7101. Under that code, a 10 percent rating will be assigned with diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control. A 20 percent rating will be assigned with diastolic pressure which is predominantly 110 or more, or systolic pressure predominantly 200 or more. A 40 percent rating will be assigned with diastolic pressure predominantly 120 or more. A 60 percent rating will be assigned with diastolic pressure predominantly 130 or more. Analysis By way of history, the Veteran's service treatment records show that he was diagnosed with hypertension in January 2005. The Veteran submitted an initial claim for service connection for various disabilities prior to his discharge from service and, by rating decision dated in November 2006, the RO granted service connection for hypertension, assigning a noncompensable disability rating effective October 7, 2006. The Veteran submitted the current claim for an increased rating for his service-connected hypertension in January 2017 and, by rating decision dated in May 2017, the RO continued a noncompensable disability rating for the Veteran's hypertension. The Veteran disagreed with this decision and perfected this appeal. Evidence relevant to the current level of severity of the Veteran's hypertension includes an April 2017 VA hypertension examination. At that time, the examiner noted a diagnosis of hypertension since January 2005. Significantly, the Veteran reported that he was taking medication to control his blood pressure and that the dosage had recently been doubled. He described occasional chest pain beginning in the late 2000s, shortness of breath, and dizziness. The Veteran noted that he took his blood pressure readings at home which averaged in the 160s/80s. The Veteran reported that his chest pain had been more frequent over the past seven months with center chest pain radiating to his back and left arm. The dizziness occurred during the chest pain and lasted from just minutes to 48 hours. It was noted that the Veteran's treatment plan included taking continuous medication for hypertension, particularly 20 milligrams of Lisinopril. Blood pressure readings at that time were as follows: 130/87, 130/85, and 130/82. There was no history of a diastolic blood pressure elevation to predominantly 100 or more. VA treatment records relevant to the appeal period show blood pressure readings similar to those noted in the April 2017 VA examination. Specifically, 136/88 (January 2017); 144/94 (March 2017); 112/90, 101/80, and 129/76 (April 2017); 120/78 (May 2017); 139/85 and 144/96 (August 2017); 126/86 (September 2017); 133/84 (February 2018); 142/90 and 136/88 (May 2018); 124/78 (June 2019); 196/135, 159/109, and 136/86 (October 2019); 142/99 (November 2019); and 158/84 (January 2020). In support of his claim, the Veteran also submitted a February 2017 VA hypertension disability benefits questionnaire. This report shows a history of the following blood pressure readings: 165/101 (July 2008); 165/100 (July 2008); 166/110 (April 2006); 136/88 (January 2017); and 182/103 (December 2016). The Veteran also submitted a graph showing blood pressure readings dated from January 2007 to December 2016. Significantly, while some of these readings show a diastolic reading over 100 and a systolic pressure reading over 160, the majority of the readings show a diastolic under 100 and systolic under 160. Moreover, these readings are dated prior to the appeal period. Also, in his July 2017 notice of disagreement, the Veteran wrote that he takes continuous medication to control his hypertension but that he still experiences a diastolic consistently over 100. Given the evidence of record, the Board finds that a compensable disability rating for the Veteran's hypertension is not warranted. The available blood pressure readings collectively do not satisfy the criteria for the rating of 10 percent. As above, a 10 percent rating will be assigned with diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control. While two of the readings in October 2019 show a diastolic reading over 100 and a systolic pressure reading over 160, the majority of the readings show a diastolic under 100 and systolic under 160. Thus, a compensable disability rating for hypertension is not warranted. Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board April Maddox, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.